PLAN DIGITAL UK
Introduction: Who we are and what these Registration Terms are for.
Registration: How to get started.
You: General information about you and your basic obligations.
Content: What you can use our Service for.
Complaints: What to do if you aren’t happy and need to contact us.
Liability: Our liability to you.
This Contract: General legal information about our relationship with you, often called ‘the boilerplates’.
The Newcastle Startup Week app is a digital conference service that allows its users to view information about the Newcastle Startup Week.
A service like The Newcastle Startup Week app (which in this document we’ll refer to as “the Service”) requires lots of people to interact with each other (us included) within some kind of framework designed to safeguard everyone's legitimate interests. In essence, that framework is provided by these Registration Terms, (which we will refer to as the “Terms”).
The Newcastle Startup Week app is owned and operated by PLAN DIGITAL UK, our address is Campus North Sunco House, 5 Carliol Square, Newcastle Upon Tyne, England, NE1 6UF. When we use words like “we”, “us” and “our” in these Terms, we are referring to PLAN DIGITAL UK. Likewise, when we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be our registered user. The “App” is the The Newcastle Startup Week app mobile application which is available on iOS and Android devices.
If you want to access our Service you will need to register and, to do so, will need to accept these Terms. If you don’t accept these Terms, you will be able to download the App, but you won’t be able to do anything else. When you complete your registration by accepting these Terms, there will be a legal contract between you and us.
You’ll always be able to find a copy of these Terms on the App, but you might want to print off a copy for your records. If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to the Service over time. If we do change the Terms, we will, of course, contact you through the Service to let you know that the Terms have changed. If you continue to use the Service after that, you will do so having accepted the new version of the Terms.
Anybody can download the App, but in order to use our Service and any other functionality that we provide from time to time you must register. We will need some basic information from you in order to complete your registration. You can provide us with a functioning email address and create a password, or you can login using your Facebook account. The information that you provide to us during the registration process must be accurate and up-to-date. You can change these details later, or add additional information, by accessing your account on the App.
You will also need to check the box that is your confirmation that you accept these Terms. If you don’t do that, you won’t be able to register. But if you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with us and that contract is, of course, based on these Terms. Don’t worry, you don’t *have* to do anything in particular. If you register and subsequently decide not to use the Service, there’s nothing you are required to do and we don’t charge you for using the Service. If you wish, you can even have your registration terminated. But since you are entering into a contract with us, it would be sensible to have a good read of these Terms just to make sure you are aware of the position.
Should you need to contact us after registration, we may ask you to identify yourself by providing your email address. This is just so we can link you to your The Newcastle Startup Week app account. If you have chosen to log into our Service through your Facebook account, we will ask you for the email address that is linked to that social media account.
If you have any queries about registration or our Service, please send us an email to firstname.lastname@example.org. If you have any queries, concerns or complaints relating to a store or their offers, discounts or incentives, you will need to contact the store directly.
Because of the way English law works, children are not capable of entering into contracts. Consequently, our users must be at least 18 years of age and you confirm that you are and that you are capable of entering into binding contracts.
Assuming then that you are over 18, capable of entering into contracts that are legally binding on you, your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed. You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a Service like The Newcastle Startup Week app means that we may, for some reason, have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company).
We may terminate your account if, at our discretion, we consider that you have become inactive. Generally this will be where you have not interacted with our Service for a year or so, but it may be less and there may be other factors we take into account.
As a digital conference app, The Newcastle Startup Week app is what its users make it. That said, there are core purposes for it (as outlined above) that encompass everything that we and our users do with it.
You agree that you are solely responsible and liable for all activities carried out through your use of the Service and that you will not, under any circumstances, use your registration for actions that do not fall within those core purposes.
You may use your registration to contact the venues and us directly. You agree not to “troll” anybody for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as “spam”. If you use your registration to troll or to distribute spam, we’ll terminate your registration immediately.
Currently you are not able to use the Service to post or upload any content to the App. If we change this in the future, we will update these Terms to cover your obligations regarding content. You are therefore advised you to check these Terms from time to time.
You may have heard of the term “intellectual property”. Intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more besides. And if you use somebody else’s intellectual property rights without their permission (which is often referred to as a “licence”), you’ve “infringed” their rights.
We own the framework and content that makes up the Service, which includes all the ‘copy’, the code, the look and feel, the trade marks and the graphics. You can use all of that in making use of your registration in accordance with these Terms, but absolutely no more than that. Even the copyright in these Terms and the other legal documentation you see on the App is owned by our lawyers and licensed to us for this purpose. Were you to use their things without asking, they would be most unimpressed. So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms.
If you breach the terms by sending spam or infringing intellectual property rights, there is a good chance that we are going to have to devote resources to dealing with the problem. This may involve spending real cash on lawyers, investigators and the like. Consequently, where this happens you agree to fully compensate us, pound for pound, on demand for any and all such losses, whether in the form of direct expenses or for our loss of time or for other things that are readily quantifiable. In legalese, you ‘indemnify us’ and ‘ will hold us harmless’. Where we suffer other losses that are harder to quantify, we reserve the right to pursue you for the recovery of these. Our right to take action to recover such losses or to insist on this indemnity will survive the termination of your registration (which would otherwise terminate our contract with you).
If you come across any evidence to suggest that somebody using the Service is in breach of these Terms, it would be a terrific help if you would let us know so that we can take action to stop them. Again, please feel free to contact us at email@example.com.
At any given time, we reckon we have a pretty good idea as to how well the functionality we’ve provided is working. We’re working on new features all the time and occasionally, we may want to replace older features with new, better ones. It is inevitable that from time to time we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users. So when this happens, we reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, this might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and we have the right to decide what’s best in the circumstances.
Nothing in these Terms is intended to undermine your protection either in England or wherever you happen to be when you access the Service. In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us.
Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE APP, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE. In case you’re wondering, that bit has to be in capitals in order to comply with the laws of certain jurisdictions, including certain states in the USA.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications or emails to you, for instance.
If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
In making sure that our users are satisfied that the App is working efficiently, we may review the data being transmitted by you to us. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this. Nevertheless, as we have indicated above, we may remove content uploaded by you if that content contravenes these Terms or you are in breach of these Terms.
You also need to be aware that viruses can be transmitted via mobile applications, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE APP OR WHEN FOLLOWING ANY LINKS TO WEBSITES OR APPS RUN BY OTHER PEOPLE.
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.
If, for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to firstname.lastname@example.org but if you really feel the need, you can send us a letter by post, sent to our registered address (see ‘Introduction’ above).
Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you via a notification sent to your account via the App or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter (probably from you to us, since we won’t know, nor will we necessarily want to know, your residential address), that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.
It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. We can’t think of a situation where this might come into play, but just to be clear, any right of a third party to take action under that law is excluded. There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain, so you might want to bear that in mind.
This concludes these Terms and as soon as you check the ‘accept Terms’ box and submit your registration to us, you will have a binding contract with us. All that is left for us to say is that your contract with us is subject to and governed by English law. Any dispute that arises from our relationship with you or your use of our Service or the App will be subject to the exclusive jurisdiction of the courts of England and Wales.